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Not that there’s anything wrong with that, but there’s nothing wrong with that.

An upstate appeals court has thrown out a lawsuit by an Albany-area man who said he was defamed by being called gay.

The state has long held that being falsely called gay is considered defamatory, but the Appellate Division in Albany said it’s time for that to change because earlier court rulings “are based on the flawed premise that it is shameful and disgraceful to be described as lesbian, gay or bisexual.

“In light of the tremendous evolution in social attitudes regarding homosexuality, it cannot be said that current public opinion supports a rule that would equate statements imputing homosexuality with” other current types of defamation such as “accusations of serious criminal conduct or insinuations that an individual has a loathsome disease,” the judges found.

The panel issued the ruling after a man named Mark Yonaty sued Jean Mincolla for allegedly telling a friend of his girlfriend’s that he was gay “with the hope the girlfriend would be told.”

Yonaty, who is straight, said Mincolla’s actions “caused the deterioration and ultimate termination of his relationship with his girlfriend.”

The judges’ decision, which was first reported by the New York Law Journal, dismissed Yonaty’s suit against Mincolla. It was unclear whether Yonaty will appeal.